PART 6INFRASTRUCTURE CONSENT ORDERS
Provision in orders: specific limitations and powers
I173Public rights of way
1
An infrastructure consent order may extinguish a public right of way over land only if the Welsh Ministers are satisfied that—
a
an alternative right of way has been or will be provided, or
b
the provision of an alternative right of way is not required.
2
The following provisions of this section apply if—
a
an infrastructure consent order makes provision for the acquisition of land, compulsorily or by agreement,
b
the order extinguishes a public right of way over the land, and
c
the right of way is not a right enjoyable by vehicular traffic.
3
The order may not provide for the right of way to be extinguished from a date which is earlier than the date on which the order is published.
4
Subsection (5) applies if—
a
the order extinguishes the right of way from a date (“the extinguishment date”) which is earlier than the date on which the acquisition of the land is completed, and
b
at any time after the extinguishment date it appears to the Welsh Ministers that the proposal to acquire the land has been abandoned.
5
The Welsh Ministers must by order direct that the right is to revive.
6
Nothing in subsection (5) prevents the making of a further order extinguishing the right of way.